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CC Resolution No. 02-160-- RESOLUTION NO. 02-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF ANNEXATION OF AREA DESIGNATED "CRESTON DRIVE 02-03", PROPERTY LOCATED ON THE NORTH SIDE OF CRESTON DRIVE BETWEEN BERKELEY COURT AND FOOTHILL BOULEVARD; APPROXIMATELY 0.541 ACRE, JOHNSON AND WHITTAKER (APN 326-12-062) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Creston Drive 02-03" from property owners, Jeffrey Johnson and Dolores Whittaker; and WHEREAS, the property, 0.541_+ acre on the norht side of Creston Drive between Berkeley Court and Foothill Boulevard (APN 326-12-062) is contiguous to the City of Cupertino and is within its urban service area; and WHEREAS, annexation would provide for use of City services; and WHEREAS, this territory is uninhabited and was prezoned on June 17, 1980, to City of Cupertino Pre RI-10 zone; and WHEREAS, the City of Cupertino, as Lead Agency for environmental review completed an initial study and granted a Negative Declaration for annexation; and WHEREAS, the County Surveyor of Santa Clara county has found the map and description (Exhibits "A" and "B") to be in accordance with Government Code Section 56826, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above certification has been paid; and WHEREAS, as provided in Government Code Section 56826 the City Council of the City of Cupertino shall be conducting authority for a reorganization including an annexation to the City; and WHEREAS, Government Code Section 56837 provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing; Resolution No. 02-160 Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby initiates annexation proceedings and will consider annexation of the territory designated "Creston Drive 02-03" at their regular meeting of October 7, 2002. PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino this 3rd day of September, 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Lowenthal, Chang, James, Kwok, Sandoval None None None ATTEST: APPROVED: Mayor, City of Cupertino